Thursday, December 29, 2011

Marc Victor at Libertopia, Legalize Meth!







Tuesday, December 20, 2011

Judge dismisses lawsuit on Arizona Day of Prayer

http://www.kpho.com/story/16309180/judge-dismisses-lawsuit-on-arizona-day-of-prayer






There is a disturbing trend developing in First Amendment jurisprudence; especially in the area of church and state separation.  Notwithstanding the fact that many state sponsored or endorsed religious actions appear to clearly violate the well established parameters of the First Amendment, courts are now routinely dismissing lawsuits for lack of standing.  To be clear, these dismissals do not involve a rejection of the constitutional challenge on the merits of the claim.  To the contrary, they are simply evasions of the issue altogether.  They are technical dismissals resulting in the untenable position that these First Amendment violations are simply unchallengeable by any person.  Rather than hear these challenges on the merits and reach the inescapable conclusion that such actions are indeed unconstitutional, many courts have agreed to side step the issue by construing the doctrine of standing so such unconstitutional acts remain safe from constitutional challenge. Courts should be bold enough to hear and decide these challenges on constitutional grounds.  Constitutional protections are meaningless if courts construe the law such that no person can invoke those protections. 

In an effort to attempt to have these matters heard on the merits and to validate the notion that constitutional violations can be challenged, our clients have decided to appeal the district court’s dismissal of the Day of Prayer lawsuit.  We expect to file an appeal to the 9th Circuit Court of Appeal very soon.  Additionally, another lawsuit will be filed in the state court alleging violations of the state constitution. 

This lawsuit is about the role of government.  Our clients remain committed to the notion that prayer is either a private matter or one that can be openly and loudly promoted by any private individual or private company on any private property for any length of time.  Any effort by government to inhibit any private person’s right to pray on any non-governmental property would be opposed by all plaintiffs to this lawsuit.  However, our clients, those religious and non-religious, remain equally committed to the well established notion that government should neither promote, inhibit nor endorse any religious view.  Simply put, government should stay out of religious matters altogether; our constitution forbids it and it is both consistent and indispensible to notions of a free and open society. 

Monday, December 5, 2011

Crossroads of the West Gun Show

Marc Victor gave a speech on gun laws at the Crossroads of the West Gun Show on Saturday. He gave his number one piece of advice to a large crowd "Just Shut Up". The advice is what to do if you are questioned by law enforcement...just shut up! Any statements you make WILL be used against YOU so the best thing you can do is to JUST SHUT UP!

For more advice on what to do when confronted by law enforcement be sure to look at the videos and articles on the Attorney For Freedom website.






Friday, December 2, 2011

Leisure World Gun Club



Attorney Marc J. Victor speaks to the Leisure World Gun Club about gun laws. He delivered his speech to a packed room and gave long standing advice like "Just Shut Up", his advice of how to deal with law enforcement if you are involved in a gun related incident.

East Valley DUI Task Force kicks off Friday, December 4th : Press Releases - Arizona Department of Public Safety

East Valley DUI Task Force kicks off Friday, December 4th : Press Releases - Arizona Department of Public Safety


The best advice I can offer regarding a DUI is not to drink alcohol and then drive a motor vehicle. Besides risking being prosecuted for a criminal offense, driving while impaired can easily result in a serious accident or death of a person. Such a situation will likely result in a prosecution for either an Aggravated Assault or a Manslaughter. Prosecutors generally seek prison sentences for such crimes. Few circumstances can change a person's life faster than causing the death of another person by driving while impaired. Many people are unaware that driving with an alcohol level below the legal limit can also result in a prosecution for a DUI. Even over the counter medications or prescription medications can be the basis for a DUI charge if those medications result in the slightest impairment to a driver. If you plan to drink alcohol, take a taxi or use a designated driver. It is better than ruining your life or some else's life in an instant.

If you are pulled over by an officer who suspects you may be impaired, you should not answer any questions. You are not ever required to answer questions posed by a police officer. You are required to present your driver's license, vehicle registration and proof of insurance. Generally speaking, refusing all tests at the roadside is the better choice. Even completely sober drivers can fail many of those tests. In any event, it is the officer who decides how you performed on those tests. You may not agree with the officer's conclusion. You may be required to exit your vehicle whether you are the driver or the passenger. You should always request to speak to an attorney immediately.

Punishments for DUI offenses include mandatory jail, mandatory fines, counseling, license suspensions, ignition interlock devices and generally cause insurance rates to increase. Punishments are severely increased for multiple DUI convictions. Committing a DUI while your driver's license is suspended or revoked for any reason can result in prosecution for a felony offense. A felony conviction can haunt you for the rest of your life. DUI is an easy crime to avoid. Adults of legal age should feel free to drink alcohol, but are required to do so responsibly. Driving after drinking alcohol is not responsible, and can easily result in dramatically changing your life for the worse in an instant. In short, don't do it.

Beware of the Dragon Slayer

I should have known better. Having previously defended a woman whose dog barked at a cow; a man who, without a permit, built a shed in his backyard; a woman whose dog stepped on the grass of a no-dog park; a girl who entered a state park without paying the three dollar entrance fee - despite the broken fee collection machine; and a man who hung a sign over his business in violation of the city zoning ordinance, I should have expected a struggle. Sadly, I had been told so many times, "The law is the law."

My client was a wife and middle-aged mother of two young children who she drove to school Monday through Friday. She also worked a full time job located a substantial distance from her home. She had no prior contacts with the law; until now.

She called me about a month ago and told me of her past evil doings. When she was a teenager living in another state, she accidentally caused an automobile accident. As a result, that state required her to purchase the expensive SR-22 insurance. She did. Many years later, she moved to Arizona where she was informed she was not required to purchase the SR-22 insurance. She didn't.

The first state then suspended her privilege to drive and promptly notified Arizona. Because she was suspended in the other state, Arizona suspended her license as well. After being notified of the suspensions, my client immediately paid a small fee to the other state and was reinstated. At my client's request, the other state sent a clearance letter to Arizona. Arizona informed her that they received the clearance letter and everything was fine. Arizona didn't inform her that she needed to pay a reinstatement fee. As a result, my client drove for years without knowing her Arizona license remained suspended.

One day, my client was the unfortunate victim of a small automobile accident. After the police officer arrived to "help," it was discovered that my client's license was suspended. Despite immediately paying the previously unknown but all important reinstatement fee, my client was nonetheless charged with the crime of driving on a suspended license.

She reasonably thought she could easily resolve the matter in court. However, after being told by the judge that jail was an option and a six-month license suspension was mandatory, I'm sure I was the first phone call. I wasn't optimistic. It was an easy slam-dunk for the prosecutor. I accepted her case and agreed to try and make a deal to resolve it quickly. I thought maybe the prospect of my client losing her job and her kids not being able to go to school would resuscitate some long lost spark of compassion buried deep in the spot where the prosecutor's heart used to reside. Yeah right!

My client's case was assigned to Ms. Hitler for prosecution. My sentimental requests for leniency were immediately smashed with an iron fist. Ms. Hitler responded with the novel argument, "The law is the law." Ms. Hitler was angered when I was not persuaded by her favorite argument and indeed wanted to joust with her supervisor instead. Not surprisingly, Ms. Hitler's supervisor Mr. Stalin was equally unimpressed with my arguments. We were forced into a trial. What fun!

As the trial began, I couldn't wait to discover what defense I would argue to the judge. Incidentally, this is not my favorite way to try a case. Ms. Hitler called the "helpful" police officer to the stand who testified that she arrived at the accident scene, obtained my client's driver's license and discovered it was suspended. No cross-examination.

Ms. Hitler then moved to admit a certified copy of my client's driving record indicating it was suspended. I objected based on every reason I could argue with a straight face. The driving record was admitted and Ms. Hitler rested the state's case.

I don't think Ms. Hitler enjoyed it when I then requested that the court enter a judgment of acquittal for my client because the helpful officer friendly didn't actually see my client driving. Just for fun, I added that I wasn't calling any witnesses so there could be no rebuttal testimony for the state. Because the judge wasn't laughing and Ms. Hitler was getting even madder, I added that the helpful officer was guessing about who was driving the cars. We won.

After the judge left the bench and my elated client departed, Ms. Hitler felt obligated to enlighten me to the fact that, "Sometimes the dragon wins." Upon further inquiry, I learned Ms. Hitler wasn't initially certain whether my client or I was the dragon she was referring to. Apparently, she was absent during "think before you speak" class at prosecutor's school. Eventually, she decided my client was the dragon.

The twenty-five minutes of Ms. Hitler bashing that followed was worth the price of admission for me. The slaying of the dragon slayer was a quiet victory that day. One nice family was rescued from a jungle of craziness inhabited by a helpful police officer and a prosecutor who treats everyone equally.

Attorney Marc J. Victor


Wednesday, November 9, 2011

To have freedom, 'let people be free'

Marc J. Victor, Phoenix Criminal Attorney
To have freedom, 'let people be free'
an article by Dary Matera



News item: A judge pro tem was fired Thursday, his first day on the
job, for refusing to hear drug cases.

The late March story went on to say that the Mesa criminal defense
attorney, a marijuana legalization activist and member of NORML
(National Organization for the Reform of Marijuana Laws), felt he
couldn't honestly dole out the required mandated punishment for drug
offenders.

No kidding.

Intrigued, I gave the guy, Marc Victor, a call to set up a bong
session . . . I mean an interview.
Driving to his, I had visions of Jerry Garcia in pinstripes, hanging
out in a psychedelic office with black light posters of Kurt Cobain
on the wall. Ten to one, a refurbished VW van with shag carpet would
be parked outside.

No such luck. Victor, 34, turned out to be a teetotaling, ex-Marine
sergeant who operates out of a glass and concrete business complex he
shares with mortgage brokers, life insurance companies, PR firms, and
someone who does "endodontics," a dental procedure that requires that
you get really high first.

Inside this sea of conservatism lurks a squeaky clean Desert Storm
vet with the look of a Republican but the soul of a rebel.

"It's not about drugs or legalization. It's about the violation of
the right of self-ownership," the married father of three young
children said. "I'm fighting for the right of the individual against
government intrusion. If you want freedom, then damn it, you have to
let people be free - even if you don't agree with it."

In other words, Victor is not a big fan of victimless crimes or
legislating what adults can do with their bodies.

Granted, Victor's career sacrifice wasn't derailing. Judge pro terms
are unpaid attorneys who fill in for full-timers.

Still, the legal dodge is a vengeful, good-ol'-boy network, and
Victor's stance took no small amount of courage, especially for a man
with aspirations of becoming an appellate judge.
If that's now the impossible dream, Victor can live with it. In fact,
as much as his refusal to handle drug cases was blown up in the
press, it could have been a lot worse. Victor said he also would have
refused to handle gun possession, gambling, zoning or prostitution
cases.

"If adults want to rent their bodies to other adults, they should
have the right to do so," he said.
Strong words from a bull-doggish Marine who hits the gym at 4:30 a.m.
six days a week to pump iron. A man who wouldn't think to poison his
compact, 5-foot-5 body with drugs or alcohol, but refuses to judge
those who do.

Warming up, Victor said the American judicial system is collapsing
under the weight of unnecessary drug cases. In Arizona, he said he
believes it's verging on an implosion.


He's considering running for county attorney on a platform of doing
away with drug laws and other victimless crimes, and re-emphasizing
the prosecution of quaint, old school criminals such as murderers,
thieves and rapists.

Right on! He'd get my vote.

Dary Matera, a new community columnist, is an author who lives in
Chandler. The views expressed are those of the author. He may be
reached at dary@darymatera.com.

DUI - Driving Under the Influence


The best advice I can offer regarding a DUI is not to drink alcohol and then drive a motor vehicle.  Besides risking being prosecuted for a criminal offense, driving while impaired can easily result in a serious accident or death of a person.  Such a situation will likely result in a prosecution for either an Aggravated Assault or a Manslaughter.  Prosecutors generally seek prison sentences for such crimes.  Few circumstances can change a person's life faster than causing the death of another person by driving while impaired.  Many people are unaware that driving with an alcohol level below the legal limit can also result in a prosecution for a DUI.  Even over the counter medications or prescription medications can be the basis for a DUI charge if those medications result in the slightest impairment to a driver.  If you plan to drink alcohol, take a taxi or use a designated driver.  It is better than ruining your life or some else's life in an instant.

      If you are pulled over by an officer who suspects you may be impaired, you should not answer any questions.  You are not ever required to answer questions posed by a police officer.  You are required to present your driver's license, vehicle registration and proof of insurance.  Generally speaking, refusing all tests at the roadside is the better choice.  Even completely sober drivers can fail many of those tests.  In any event, it is the officer who decides how you performed on those tests.  You may not agree with the officer's conclusion.  You may be required to exit your vehicle whether you are the driver or the passenger.  You should always request to speak to an attorney immediately. 

      Punishments for DUI offenses include mandatory jail, mandatory fines, counseling, license suspensions, ignition interlock devices and generally cause insurance rates to increase.  Punishments are severely increased for multiple DUI convictions.  Committing a DUI while your driver's license is suspended or revoked for any reason can result in prosecution for a felony offense.  A felony conviction can haunt you for the rest of your life.  DUI is an easy crime to avoid.  Adults of legal age should feel free to drink alcohol, but are required to do so responsibly.  Driving after drinking alcohol is not responsible, and can easily result in dramatically changing your life for the worse in an instant.   In short, don't do it. 

Monday, October 24, 2011

Back From Libertopia

Had a great time at Libertopia! A lot of great speakers like Butler Shaffer, Stefan Molyneux, Marc Stevens, Richard Boddie, Bill Buppert, Peter Bos, David Friedman, Anthony Gregory, Jim Peron, Sharon Presley, Sheldon Richman, and Larken Rose. I was also a speaker at the event.



Tuesday, October 18, 2011

Ron Paul proposes $1T in specific budget cuts



It seems most Americans agree federal spending is out of control and needs to be cut.  However, actually having the courage to identify specific and massive cuts is where all politicians become cowards; at least until now.  I am glad to see Ron Paul has the courage to identify exactly where he would cut federal spending.  No doubt many people will be upset about having their favorite federal program cut, but too bad.  We are at risk of losing the American way of life forever.  

Ron Paul is the only candidate, with the possible exception of Gary Johnson, who actually would improve the problems that are absolutely set to destroy our country.  However, I don’t put much confidence in the ability of the typical American voter to actually do the right thing.  Indeed, they got us into these problems in the first place by electing morons.  Most Americans will be more impressed by a slick suit or an energetic, promise laden speech given by some well polished politician than dry, boring, solutions to our problems.  

As Ronald Reagan once said, “Government is not the solution to our problems, government IS the problem.”  He was right.  A simpler and more direct way to express the problem is as my good friend Ernest Hancock says, “Freedom Good! Government bad, bad, bad, bad, bad!”    

Marc J. Victor   

 

Monday, October 10, 2011

Camp 420 Medical Marijuana Event


Arizona Canna Kush Girl Contest and Medical Marijuana Expo


Saturday, October 8, 2011 at 5:00 PM - Sunday, October 9, 2011 at 2:00 AM (MT) Tempe, AZ.


The Law Office of Marc J. Victor (Attorney For Freedom) was at the Camp 420 Medical Marijuana Event in Tempe on Saturday.

http://azcannakushgirl.eventbrite.com  

 

Friday, October 7, 2011

Occupy Wallstreet?


This story is one more example of why our country is in such a mess.  Capitalism is not the problem.  Government interference in the free market is the problem.  The free market is one of the main reasons our country achieved any level of economic greatness.  Capitalism and free enterprise are indispensable components to a free society.  Indeed, the freedom to trade in an unregulated market is a major reason standards of living rise among humans.  Certainly fraud and theft, which are not free transactions at all, have no place in a capitalist society and should be punished when properly proven.  

However, simply protesting against “Wall Street” or capitalism generally reveals a poor understanding of the very concepts which advance humanity and raise standards of living for humans.  To be sure, take a look at countries where markets have been strictly controlled by governments and witness substandard living standards.  Instead of promoting more government interference in markets, Americans should be vigorously clamoring for the government to get out of the way and allow the free market to regulate the flow of goods and services for a change.  Other than a selected few government ordained elite, we would all be better off. 

Tuesday, October 4, 2011

Rainbows Festival

The Law Office of Marc J. Victor was at the Rainbows Festival in Phoenix 






RAINBOWS FESTIVAL 2011
GENERAL INFORMATION

The Rainbows Festival & Street Fair

The annual Rainbows Festival & Street Fair is a celebration of the diversity of the LGBT community. The event is located in historic Heritage Square Park in downtown Phoenix. Each year, the Rainbows Festival draws a crowd in excess of 25,000 gay and lesbians, family members and friends. This is one of the largest LGBT events in the state of Arizona.

The first ever Rainbows Festival was held in downtown Phoenix in 2002.

Date & Time
The event has expanded to a full weekend of fun and entertainment. It is both Saturday & Sunday – October 1st & 2nd, 2011.
On both days, the annual Rainbows Festival will open at 10 am and close at 6 pm.

Location
Heritage Square Park is located in downtown Phoenix at 7th Street & Monroe, adjacent to the Phoenix convention Center and the Science Museum.

Parking & Transportation
The Rainbows Festival & Street Fair is located next to Chase Field, US Airways Arena and Arizona Center. There are parking structures next to Heritage Square Park for over 20,000 cars. For additional public transportation, check www.valleymetro.org.

There are several light rail stations located adjacent to the event, just get off at the Chase Field exit, and walk to the Rainbows Festival.

FREE ADMISSION

The annual Rainbows Festival is a free admission event — there is no charge to attend this fun weekend of fun, frolic and food. The event is open to the general public.

Wednesday, September 28, 2011

Massive Phoenix drug sweep targets gangs, crack cocaine


The title of this article could have been, “Help Wanted!  71 full time job openings available immediately for drug dealers.  Unbelievable tax free pay!”  Another possible title could have been, “Countless Drug Dealers enriched as a result of some drugs seized by police.”  In addition to the celebrating police officers, the remaining drug dealers, who were not arrested, celebrated along with those officers because they just benefited from a small and temporary decrease in the supply of drugs.  Whenever supply is decreased and demand remains the same prices rise.  Said another way, all the other drug dealers benefited because their supply is now worth more.  

If you really want to disappoint the drug dealers, end the drug war.  Just as the prohibition on alcohol was the best thing that ever happened to organized crime, the prohibition of other drugs is the best thing for the illegal drug dealers.  The drug war has been a complete disaster.  It will never be won.  69 billion dollars a year later, it is time to end it and pursue sane policies instead. 
 
 

Tuesday, September 27, 2011

Marc Victor and Mike Wasdin Discuss the Constitution

Marc J. Victor and Mike Wasdin on Voice of Veterans Radio Show

Host - Vern Bagley

War On Terror Or War On Freedom?

War On Terror Or War On Freedom?


A recent major investigative report by the Los Angeles Times sheds light on what all this “war on terror” is actually costing–and actually accomplishing. According to the report, “A decade after the Sept. 11, 2001, attacks on the World Trade Center and the Pentagon, federal and state governments are spending about $75 billion a year on domestic security, setting up sophisticated radio networks, upgrading emergency medical response equipment, installing surveillance cameras and bombproof walls, and outfitting airport screeners to detect an ever-evolving list of mobile explosives. 



“But how effective has that 10-year spending spree been?


“‘The number of people worldwide who are killed by Muslim-type terrorists, Al Qaeda wannabes, is maybe a few hundred outside of war zones. It’s basically the same number of people who die drowning in the bathtub each year,’ said John Mueller, an Ohio State University professor who has written extensively about the balance between threat and expenditures in fighting terrorism.”

The LA Times report goes on to say, “Like the military-industrial complex that became a permanent and powerful part of the American landscape during the Cold War, the vast network of Homeland Security spyware, concrete barricades and high-tech identity screening is here to stay. The Department of Homeland Security, a collection of agencies ranging from border control to airport security sewn quickly together after Sept. 11, is the third-largest Cabinet department and–with almost no lawmaker willing to render the U.S. less prepared for a terrorist attack–one of those least to fall victim to budget cuts.

“The expensive and time-consuming screening now routine for passengers at airport boarding gates has detected plenty of knives, loaded guns and other contraband, but it has never identified a terrorist who was about to board a plane. Only 14 Americans have died in about three dozen instances of Islamic extremist terrorist plots targeted at the U.S. outside war zones since 2001–most of them involving one or two home-grown plotters.”
The report also notes, “Large sums of Homeland Security money, critics complain, have been propelled by pork barrel politics into the backyards of the congressionally connected.”

See the LA Times report at:
http://tinyurl.com/3u3olzx

Add to the LA Times report a report by Madison Ruppert. In the report, Ruppert notes that it is clearly the Bill of Rights–especially the First Amendment’s freedom of speech and the Second Amendment’s right to keep and bear arms–that are suffering the most egregious attacks from the federal government’s “war on terror.”
Ruppert concludes his report saying, “In short, despite the fact that all the statistics and data in the world directly contradict the report’s findings and the claims made by clearly biased ‘experts’ on the threat of terrorism, especially of the homegrown variety, the HSPI [Homeland Security Policy Institute] and other bodies continue to fearmonger and lie to the American people to keep us scared while they empty our pockets and continue their imperialistic adventures in the Middle East and now North Africa.”

See Ruppert’s column at:
http://blacklistednews.com/?news_id=15638&print=1

Back to the Times report, not only do we Americans have about an equal chance of dying at the hands of a terrorist as we do dying in our own bathtubs, we have a much greater risk of dying at the hands of prescription drugs–something lawfully encouraged and tightly controlled by the US government. According to a recent report, more people now die each year from prescription drugs than from automobile accidents. That’s some 37,000 deaths via prescription drugs annually! (Come to think of it, how many people do you know who have died from marijuana?) And as hard as it will be for some people to accept, this number is gigantically greater than those who die from hard drugs such as heroin or crack cocaine. In fact, the prescription drug Vicodin, by itself, has killed more people than cocaine and heroin combined.

See the report on prescription drug deaths at:
http://tinyurl.com/6eh8bw3

So, what has this trillion-dollar “war on terror” accomplished? If it’s not making us more secure, what is it doing? Well, for one thing, it has created a stupendous surveillance society. Virtually every piece of public communication is now captured and stored by the federal government. Surveillance cameras are now ubiquitous throughout the United States. We have a gargantuan federal police department (which is anathema to the US Constitution): the Department of Homeland Security. We have thousands of Orwellian laws, most of which were spawned by the Patriot Act. And more and more often, law enforcement agencies are demonizing US citizens for their religious and political beliefs and statements–even categorizing them as potential domestic terrorists based simply on those religious and political beliefs.

To refresh reader’s minds regarding how Americans have been labeled, profiled, and denigrated as “terrorists” because of their religious or political beliefs, please peruse the material on this web page:
http://chuckbaldwinlive.com/home/?page_id=52

Fortunately, it does appear that the combination of an emerging police state and a declining economy that has resulted from this “war on terror” is finally starting to catch the attention of the American people. According to a Brooking Institution report, “Six in ten Americans believe that that the United States weakened its economy by overspending in its responses to the 9/11 attacks. In particular, respondents felt this was especially true of the U.S. mission in Iraq. Two out of three Americans perceive that over the decade since 9/11, U.S. power and influence in the world has declined.”

A Rasmussen report further revealed, “As with the recent turmoil in Egypt, most Americans (67%) say the United States should leave the situation in the Arab countries alone.”

Beyond that, “A Zogby poll conducted in August 2007 found that 51% of Americans want Congress to probe Bush/Cheney regarding the 9/11 attacks, two-thirds (67%) of Americans say the 9/11 Commission should have investigated the collapse of World Trade Center Building 7.”

See the BlacklistedNews.com report containing the above survey results and more at:
http://tinyurl.com/3v2n538

The LA Times is right to question what Americans are getting for their $75 billion a year contribution to the “war on terror.” Some could even argue–with convincing data–that the “war on terror” is in reality a “war on freedom.”
P.S. Understanding the financial difficulties that many people are having due to the current recession, and wanting to help people who desire to download my video and audio messages, we have reduced the price of both of these downloads. Video downloads are now only $10 (down from $15) and audio downloads are only $5 (down from $10).
To download these messages, go to:
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P.S.S. Our printer has just cleared his warehouse of all remaining FREEDOM DOCUMENTS. We now have 50 copies of THE FREEDOM DOCUMENTS available. And with our move to Montana, it is not certain that we will be able to provide FREEDOM DOCUMENTS this Christmas as usual. So, if readers want to obtain this fabulous collection of America’s great historical documents in one volume, we have a total of only 50 copies that will be shipped while the supply lasts on a first-come, first-served basis. To order FREEDOM DOCUMENTS, go to:
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